HomeMy WebLinkAboutBy-law 860/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 860/78
Being a By-law to authorize the execution
of an Agreement between the Corporation
of the Town of Pickering and the Pickering
Panthers Junior Hockey, Inc. with respect
to the rental of the Don Beer Sports Arena.
WHEREAS the Corporation of the Town of Pickering is the
owner of the Don Beer Sports Arena and is desirous of renting
certain facilities therein to the Pickering Panthers Junior
Hockey, Inc. for certain purposes during the hockey season
1978 - 1979;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN
OF PICKERING HEREBY ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to
execute a Rental Agreement in the form at-
tached hereto as Schedule "A" between the
Corporation of the Town of Pickering and the
Pickering Panthers Junior Hockey, Inc. with
respect to the rental of the Don Beer Sports
Arena for the hockey season 1978 - 1979.
BY-LAW read a first, second and third time and finally PASSED
this 15 4, day of , 1978.
?ayor
Clerk 1) &4v
SCHEDULE "A" TO BY-LAW NUMBER/? fig
THIS AGREEMENT made this lbX day of h 1978.
B E T W E E N:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town",
OF THE FIRST PART
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THE PICKERING PANTHERS JUNIOR HOCKEY, INC.
hereinafter called the "Club"
OF THE SECOND PART
WHEREAS THE TOWN owns and operates an arena known as the
Don Beer Arena on Dillingham Road in the Town of Pickering;
AND WHEREAS the Club operates an Ontario Hockey Association
(O.H.A.) Junior Hockey Team and is desirous of having its home
ice at the said Don Beer Arena;
AND WHEREAS the Town is prepared to permit the Club to use
the Don Beer Arena as its home ice pursuant to certain conditions
hereinafter set out;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration
of other good and valuable consideration and the sum of One
Dollar ($1.00) of lawful money of Canada now paid by each of the
Parties hereto to the other, the receipt whereof is hereby
acknowledged, the Parties hereto covenant, promise and agree each
with the other as follows:
1. The Club shall:
(a) pay a fee to the Town of $35.00 per hour for all
practices, and $45.00 per hour for playoff, regular
season and exhibition games for the use of ice
hockey facilities required;
(b) provide and pay for all police, ticket takers,
parking lot attendants, ushers, and all other
personnel required over and above Town regular
arena staff. Town staff shall have the power to
direct the club's personnel when a situation may
cause vandalism to the Town premises;
(c) provide a fee payment and damage deposit to
the Town in the amount of $250.00 on or before
September 1, 1978;
(d) make all fee payments one week in advance;
(e) be responsible for the payment of all fees for
ice hockey facility use time allocated, whether
used by the Club, or by a team or teams designated
by the Club;
(f) secure all other facility use time required for
O.H.A. games and not provided by this agreement
through negotiations with hockey, ringette, or
figure skating organizations to which the facility
use time has been previously designated. Fees for
such facility use time shall be at the rates
established by this agreement and the Town shall be
notified of such alterations in advance;
(g) keep the Town free from any costs originating from
the O.H.A.;
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(h) ensure that games conclude by 10:30 p.m. to enable
the continuation of the Town ice rental program;
(i) indemnify the Town for any costs, claims or damages
resulting from any loss, damage or injury (including
loss of life) to any person or property at any time
on the premises used by the Club, when a fee pursuant
to this agreement has been paid for such use, however
such loss, damage or injury may occur.
2. The designated ice hockey facility use time for the Club
will be as follows:
MONDAY - Practice Time - 9:30 - 11:00 p.m. Pad #2
WEDNESDAY - Practice Time - 9:30 - 11:00 p.m. Pad #1
FRIDAY - Game Time - 7:00 - 10:30 p.m. Pad #1
In the event the O.H.A. Schedule does not permit all the
home game nights to be on Fridays, the Club will be
required to meet with whatever organization has the facility
use time at the Don Beer Sports Arena which the Club
requires. It is understood however that this in no way
binds or requires the affected organization to give
up its scheduled time. The Club further agrees that if it
is able to reach a satisfactory arrangement with the affected
organization it will pay the Town the rates as set out in
clause (a) of section 1 and to notify the Town of such
arrangements.
3. The Town shall:
(a) hold the following ice hockey facility use time for the
Club each week:
MONDAY - 9:30 p.m. - 11:00 p.m. - Pad #2
WEDNESDAY - 9:30 p.m. - 11:00 p.m. - Pad #1
FRIDAY - 7:00 p.m. - 10:30 p.m. - Pad #1
(b) provide the use of adequate lighting, goal nets, public
address system, time clocks, player benches, penalty
benches, goal judges lights, Canadian flag and dressing
rooms for teams;
(c) provide the Club with the use of two (2) rooms on game
nights, exhibition games and practices;
(d) provide the Club with an equipment lock-up room of
adequate size;
(e) provide the use of the arena ticket booth on game nights;
(f) provide the use of an area for the sale of programmes
and for promotions of future games on game nights during
the term of this Agreement.
(g) provide clearly marked ice at all times;
(h) provide the O.H.A. Refereeing Officials with a dressing
room on game nights with adequate washroom and shower
facilities together with first aid supplies and equip-
ment;
(i) maintain the snack bar as a service to the public
during games.
9. (a) The term of this Agreement insofar as it relates to the
use of the ice hockey facility known as Pad #1 shall be
from October 1st, 1978 to February 28th, 1979.
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(b) The term of this Agreement insofar as it relates to
the use of the ice hockey facility known as Pad #2
shall be from September 1st, 1978 to February 28th,
1979.
(c) The term of this Agreement insofar as it relates to the
use of the ice hockey facilities known as Pad #1 and
Pad #2 shall be extended from and after February 28th,
1979 on a week to week basis but not after April 30th,
1979, should the Club be involved in the O.H.A. Junior
Hockey playoff schedules during March or April, 1979.
(d) The Club shall have the option to renew this Agreement
for the 1979/1980 season subject to the imposition of
such terms and conditions as may be agreed upon between
the Parties prior to September 1st, 1979.
5. The Town's obligations pursuant to this Agreement shall be
dependent upon the availability of a satisfactory ice
surface during the designated ice hockey facility use times.
The Club shall not hold the Town responsible for, and the
Town shall not be liable to the Club in any manner for the
lack of ice hockey facility use time resulting from the
Town's inability to provide an appropriate ice surface as
a result of acts of God, mechanical failure or other
circumstances beyond the Town's control.
6. This Agreement and everything contained herein shall enure
to the benefit of and be binding upon the Parties hereto and
their successors and assigns.
IN WITNESS WHEREOF the Parties hereto have affixed their
corporate seals, attested by their officers duly authorized in
that behalf.
THE CORPORATION OF THE TOWN
OF PICKERING
ayor
1
'Ile
Clerk A0
THE PICKERING PANTHERS JUNIOR
HOCKEY, INC.
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